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Legislation for inter-country adoption in Italy
I. INTERNATIONAL ADOPTION PROCESS IN ITALY
REQUIREMENTS TO THE PROSPECTIVE ADOPTIVE PARENTS
Adoption from Italian families of infants is regulated of The Act №184/04 May 1983. According to the requirements of the law candidate-adopters:
- Should have favorable home study prepared by local socio-legal service;
- Should be declared as a suitable for adoption with court ruling from The Juvenile Court ;
- Should be married couple with marriage at least 3 years, without an actual separation in the last 3 years. It is not possible for the candidate to adopt if he/she is married and is in the situation of suspended cohabitation. The requirement for a stable relationship (at least 3 years of marriage) can be thought as a performed, when the married couple has had a permanent cohabitation 3 years before their marriage, and in this case The Juvenile Court should certify the permanence of cohabitation considering all circumstances in this case.
- Should not have an actual separation and should be suitable of bringing up, educate and provide for infants, who they want to adopt.
- Initially it was accepted that the age of the candidate-adopters should be over 18 but the age difference should not be more than 40 years between the adopted child and the prospective adoptive parents- Art. 6 Act №B, after that it was made an addendum in the Act and it was published in the Gazette 96 on 26 April 2001/149 and was entered into force on 27 April 2001 and it was foreseen in paragraph 3 that the minimum age remains 18 years and the maximum age difference should be 45 for one of the parents and 55 for the other as this age difference can be different if the adoptive parents adopt two or more children or if they have either biological or adopted child. Whit judgment of the Constitutional Court on 1992 it is allowed a change to be made in age restrictions in case The Juvenile Court consider the interest of the child; it was found that in case of prevention of the adoption there would be a serious damage for the infant, which can’t be avoided any other way; Due to similar reasons adoption is not prevented, when the maximum age limit is exceeded not more than 10 years from one of the adoptive parents and when they have biological or adopted children from who at least one is infant, as in the case of adopting baby brother or sister of already adopted child from the same adoptive parents.
- The Italian Law allow adoption of a minor.
II. INTERNATIONAL ACTS AND REGULATION OF ITALY
INTERNATIONAL ACTS
The international acts that regulate the international adoptions in which Italy is a side are:
- The Convention on children protection and cooperation in the field of international adoption on 29 May, 1993
Italy ratified The Hague Convention on Protection and Cooperation in respect of international adoption with the Act №476 on 31 December, 1998 published in the Gazette №8 on 12 January, 1999 and entered into force 16 November, 2000.
REGULATION OF ITALY
- № 4 May 1983 on adopting minors from adoptive parents from a foreign country (Gazette on May 1983, Republic of Italy)
- Act №476 on 31 December, 1998 on ratification and implementation of Convention on children protection and cooperation in respect of inter-country adoption- Hague, May 1993; Addendum of Act №184b on 4 May, 1983 on adoption of children with foreign citizenship (Gazette on 12 January, 1999, Republic of Italy)
- Act 149/2001 which refers to adoptions and commitment.
- Judgment of the Constitution Court №148 published in the Gazette №15 on 8 April 1992 concerning Art. 36 about age difference of adoptive parents and adopted child.
- Addendum in Act №184 on adoption of children from adoptive parents from a foreign country on 6 August, 1999; Act addendum in Art. 27.
- Decree adoptive parents from a foreign country 39 on 2003 from the Presidency of the Council of Ministers, International Adoption Committee- Central Authority under the Hague Convention.